Prosecution: Man repeatedly drove over Brockton victim

Dana Waller, 35, of Brockton, was arraigned Monday in Brockton District Court on charges of manslaughter, vehicular homicide and leaving the scene of a fatality in connection with the death of Edward J. Dill III, 36, of Brockton, on Saturday.

Attorney Kenneth Diesenhof was laying out his client’s defense when the cry rang out from the back of the courtroom.

“He’s a murderer! That’s the facts! He’s a murderer!”

Heads spun around to find the source the of scream, Anita Dill Fusco, the aunt of the man Diesenhof’s client is charged with killing.

A court officer approached Fusco, and Judge Kevin O’Dea warned her that she would be removed from the court if she made another outburst. However, the woman exited the courtroom at that time, sobbing with her head in her hands as the officer escorted her out.

(Editor's note: The original version of this story incorrectly identified the woman as Dill's mother, Janet, who was not in the courtroom.)

The arraignment continued without further incident as Diesenhof continued to present his defense of Dana Waller, 35 of Brockton, the man accused of fatally running over Dill’s son, Edward Dill, three times before fleeing.

Prosecutors said about 2 a.m. Saturday Waller allegedly struck Edward Dill with his SUV as he stood in a driveway, then backed over him, dragging him into the road and then drove forward over him again before driving off.

Witnesses said they watched as Waller stopped the car with a wheel on top of Dill’s body before running him over again, prosecutor Jessica Healey said.

Dill, 36, died shortly afterward in the hospital and Waller is charged with manslaughter, motor vehicle homicide by negligent operation, leaving the scene of personal injury, negligent operation of a motor vehicle and operating with a suspended license. He was ordered held on $100,000 cash bail.

A witness who is a friend of Dill’s said the incident stemmed from the fact that Dill was having a “relationship” with Waller’s wife, Healey said.

Waller is the owner of P and P Soul Food at 880 Main St. in Brockton. The restaurant was closed Monday afternoon.

Plymouth County District Attorney Timothy Cruz’s office announced the manslaughter charge Monday morning before the arraignment and Healey said additional charges might be coming.

“It’s still questionable at this time what the final charges may be in this matter,” Healey told the judge. “There are witnesses coming forward with information about some intentional acts.”

Healey said Dill was standing in a driveway at 897 Warren Ave. when a maroon Ford Expedition driven by Waller pulled into the driveway from Nilsson Street and struck the victim.

Dill and Waller were allegedly involved in another incident on April 14 when Waller “sucker punched” Dill, Healey said.

“There is a bad relationship between the two of them. Because very simply the alleged victim had been stalking my client’s wife,” said Waller’s attorney Kenneth Diesenhof. “As a matter of fact, my client’s wife was so concerned about this, she took out a restraining order against him.”

Page 2 of 2 - According to the clerk’s office, there are no Brockton District Court restraining orders taken out against Dill.

O’Dea accepted a motion from Healey to impound the names of four witnesses until Waller’s next court date on June 4.

Healey said one witness said he did not want to be identified as a “rat.”

Diesenhof argued that the stories told by the witnesses did not match up.

“There are three witnesses who claim to have seen this, and all three of them are giving three different stories,” he said.